applying for both immigrant and non-immigrant visas

[powerpuff 5,990]

Even if you applied for the B2 before CR1, it is in no way a guarantee that she would have been issued a B2. With the past pattern of travel I’m not surprised at their decision, it is what it is.

We see this everyday with non-ESTA/VWP nationals. The B denial rates are rather high for many, including people I know personally. I did not even bother applying for that during our immigration journey, we had to meet outside of the US. 

Edited October 24, 2022 by powerpuff

[canadian_wife 1,795]

43 minutes ago, glenn0 said:

We were in US for 120+ days. 

 

Do you think it may be difficult to prove that her house and daughter are ties to her home country when she spent 3 months inside the US without them?

 

Good luck

[SusieQQQ 11,585]

12 minutes ago, glenn0 said:

You troll.  Overstay was not our fault.  Keeping my wife in a small room with 100 attempted illegal immigrants without masks in 2020 for 20 hours, screaming at her like a criminal: that is not humane or how the US should work.  She was 60 years old from Germany, not looking for a free ride or employment.

Your insults aside, I’m not sure I’m getting your timeline. 
by your description of this situation I assume this is when she was refused entry , and you say it was 2020 
So she stayed around 2 months after flights locked down (which happened when, April?)  when she overstayed -even if she entered before covid this must put her at least at mid year 2020, yes?

And then you also claimed that she had successfully entered once after the overstay - so that must have been in 2020 too

so I get that part of her stay in 2020 was covid but then on your information she came back (or tried to) twice more all in 2020

that sounds like way too much time in one year in one year in the US and is probably yet another reason she got denied the B visa. 
 

(PS if you think no one from Germany overstays illegally I have news for you, I have met a couple of them in my time in fact. Having a potential spouse is a risk factor for that too, you just have to go to the AOS from tourist status thread here to see that. )

[Daphne . 1,709]

It was the overstay that caused the denial, not the pending I-130. 
 

I was able to apply for a new Esta when my old one expired while I had a pending I-130. Had no trouble at all. 

[TBoneTX 43,437]

Name-calling is not allowed under this site's Terms of Service.  We can disagree without being disagreeable.  Knock it off, or administrative action will be applied.

 

VJ Moderation

[pushbrk 12,248]

4 hours ago, glenn0 said:

no, we applied for both at the same time.  She has a house in Germany, a car, daughter..., so has strong ties.  The NVC tech said the website cannot handle appointments for both IV and NIV.

Actually no, you did not apply for two visas at the same time.  You may have filed a petition to begin a visa process a little before applying for the visitor visa, but unless your petition is already approved, no immigrant visa has been applied for yet, and you would not have even been able to try to schedule the immigrant visa interview appointment.  Those are scheduled by the National Visa Center.

 

Regardless of what anybody said or what was understood, her visitor visa was denied because 1. She's married to you.  Her ties are to you, not her home country, or/and  2. Because she already overstayed her ESTA.  Most likely, it's just 1.

 

She might have been successful if she applied for the visitor visa BEFORE you got married, but very unlikely after.  It's a rare exception to issue a visitor visa to an applicant with clear immigrant intent, but it does happen.

 

You mention her offspring.  Are they immigrating too?  Did you file a petition for each of them?  An adult child who is not immigrating does not represent a tie to the home country, and neither does a house, when the applicant clearly has immigrant intent.

Edited October 24, 2022 by pushbrk

[glenn0 10]

Her daughter is in her 30s and is staying in Germany.  My mistake on the entry denial: it was Mar 2021, not 2020.  She also entered US in Fall of 2020, after the overstay in July 2020.  Once your ESTA is denied, you cannot get another (we tried appealing with no success).  Her CR-1 interview is next week.

[SalishSea 16,933]

9 hours ago, glenn0 said:

Agents have complete discretion how to decide.  My wife entered the US on another visit after the overstay and before the Houston jerk's decision.  I haven't mentioned the criminal behavior of the immigration agents in Houston.  It would make a fine Washington Post article on the abuse of power in that corrupt system.

What criminal behavior?

[pushbrk 12,248]

Just now, Jorgedig said:

What criminal behavior?

No more confusion.  Your post contained no question, just a complaint.  It is what it is.

[SalishSea 16,933]

2 minutes ago, pushbrk said:

No more confusion.  Your post contained no question, just a complaint.  It is what it is.

The OP mentioned criminal behavior of CBP agents in Houston.  I was asking for an explanation.

[glenn0 10]

10 minutes ago, Jorgedig said:

What criminal behavior?

That's another story I won't go into... the CBP seems to have no external controls for bad behavior as most police agencies do.

[SalishSea 16,933]

1 minute ago, glenn0 said:

That's another story I won't go into... the CBP seems to have no external controls for bad behavior as most police agencies do.

I very much doubt that.  If it was that someone's feelings got hurt, that is what it is.  If an agent truly committed a CRIME, as you said, then I'm sure there are numerous ways to report/get assistance, including asking your congressional rep for help.  

[pushbrk 12,248]

2 hours ago, pushbrk said:

No more confusion.  Your post contained no question, just a complaint.  It is what it is.

Sorry.  I quoted the wrong post.  Meant to quote the OP's post indicating interview is next week.  Whole topic seems like nothing but a troll.

[retheem 553]

So you want your wife to move to an evil and corrupt country? loool

[Dewald & Brittney 46]

So I have actually applied and received a B1 visa after filing for an I-130. I did this in Johannesburg and was also worried about the possible denial since I was obviously immigrating in the future. I'm not sure why the CO approved my application, but I was very upfront and honest with him during the interview. I also had proof of ties to a 3rd country, being back on my way to Thailand in May to wait out my I130, I had a contract for hire in hand and past work visas for Thailand in my passport (I applied for the B1 in March). I think the fact that both my wife and I being teachers played a role in the decision as you can't really teach without a EAD in the US so the risk vs reward of staying illegally on a B1 was low. At the time of writing, I am visiting the US for the second time this year, each time being granted 6 months stay and leaving after 1 month (leaving again tomorrow morning, sadly).

 

This long winded reply is just to say that it is possible to get a B1 visa while already processing an I130, but it is up to the CO in the end. I might have just gotten lucky.